Decree No.116/2008/ND-CP dated November 14, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Planning and investment

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PLANNING AND INVESTMENT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Governments Decree No. 178/2007/ND-CP dated December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Planning and Investment,

DECREES:

Article l.

- Position and functions

The Ministry of Planning and Investment is a government agency and functions to perform the state management of planning, development investment and statistics, covering the provision of advice on national socio-economic development strategies and plans; development planning on and mechanisms and policies for general economic management and some specific domains; domestic investment, foreign investment in Vietnam and Vietnam's offshore investment; economic zones (including industrial parks, border economic zones, hi-tech parks and other forms of economic zones); management of official development assistance (below referred to as ODA) and foreign non-governmental aid; bidding; establishment and development of enterprises, collective economies and cooperatives; statistics; state management of public services in branches and domain under the Ministry's management according to law.

Article 2.

- Tasks and powers

The Ministry of Planning and Investment shall perform tasks and exercise powers prescribed in the Governments Decree No.178/2007/ND-CP dated December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and have the following specific tasks and powers:

1. To submit to the Government bills and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, and draft resolutions and decrees of the Government under its approved annual law-making programs and plans, and projects and schemes as assigned by the Government or the Prime Minister.

2. To submit to the Government national strategies and five-year and annual plans on socio-economic development together with macro balances of the national economy; roadmaps and plans for the formulation and revision of macro-economic management mechanisms and policies; development investment master plans and plans; the total and structure of development investment capital for the entire society and state budget investment capital for branches and domains; the total and detailed allocations of investment capital in targeted additional capital balances; the total and detailed allocations of government bond and national bond capital; the Government's programs to implement socio-economic development plans adopted by the National Assembly; strategies on long-term loans in the overall strategy on raising investment funds for the economy; strategies, master plans and plans to attract and use foreign investment capital sources and ODA and the negotiation, conclusion of and accession to treaties on domains under its management; strategies, master plans and policies on development of enterprises, collective economies and cooperatives; and other projects as assigned by the Government.

3. To submit to the Prime Minister:

a/ Socio-economic development master plans for regions; master plans on development of economic zones; criteria and quotas for state budget allocations for development investment; lists of important investment programs and projects with their funding sources; central budget provisions for capital construction investment, additional state reserves, state credit support and contribution of capital to joint-stock and joint-venture businesses; central budget advances for capital construction investment according to law; results of evaluation of draft master plans, and bidding plans and results of bidding for projects falling under the Prime Minister's deciding competence; policies, mechanisms and solutions for the development of enterprises, collective economies and cooperatives;

b/ Draft legal documents related to statistics and other draft legal documents of branches and domains under its management which fall under the Prime Ministers competence according to law.

4. To promulgate decisions, directives and circulars of branches and domains under its state management.

5. To direct, guide, examine, and organize the implementation of, legal documents on strategies, master plans and plans on development investment and statistics approved and promulgated by competent authorities and other legal documents under its management; to provide information on, disseminate and educate about laws related to branches and domains under its management.

6. Regarding strategies, master plans and plans:

a/ To elaborate the Government's action programs to implement socio-economic development plans adopted by the National Assembly; to administer the implementation of plans of some branches and domains as assigned by the Government or the Prime Minister;

b/ To elaborate overall strategies on national socio-economic development for each period; to synthesize development master plans and plans of ministries, branches and provinces and centrally run cities; to elaborate socio-economic development master plans for regions, economic zone development master plans; to give opinions upon request on master plans to be approved by ministries, branches and provincial-level People's Committees;

c/ To publicize socio-economic development strategies and plans and socio-economic development master plans for regions after they are approved; to guide ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees in formulating master plans and five-year and annual plans with a view to associating socio-economic development with defense and security maintenance and conforming with approved national and regional socio-economic development strategies, master plans and plans;

d/ To synthesize general major balances of the national economy, including savings-consumption balances; financial and monetary balances; foreign loans and foreign debt payment; state budget; and development investment capital for the entire society and supervise these balances; to propose major solutions to firmly maintaining balances according to strategic and planned targets; to coordinate with the Ministry of Finance in elaborating state budget estimates to ensure the achievement of the planned targets;

e/ To guide ministries, branches and localities in monitoring and evaluating the implementation of their plans; to monitor, evaluate and report on the implementation of socio-economic development plans on a monthly, quarterly and annual basis.

7. Regarding development investment and state budget allocation:

a/ To synthesize development investment. To formulate master plans and five-year and annual plans on investment for the entire society; list of programs and projects prioritized for foreign investment and ODA; lists of state capital-funded investment programs and projects of group A or higher level and lists of national target programs, target programs and important projects;

b/ To set the total and structure of development investment capital for the entire society according to branches and domains; the total and balances of state budget development investment capital for branches and domains (including investment structures of central and local budgets); total state capital reserves, total state capital contributed to joint-stock and joint-venture businesses, additional capital for public enterprises, total capital of government bonds and bonds of branches and domains, total capital of national target programs.

To assume the prime responsibility for, and coordinate with the Ministry of Finance in, synthesizing detailed investment capital allocations in budget balances for ministries and branches, additional capital for state reserves, contributed domestic capital in ODA funded and important projects, investment capital from government bonds and national bonds for branches and domains.

To synthesize detailed capital allocations for each national target program (including investment capital and non-business capital), target programs and other targeted additional amounts;

c/ To assume the prime responsibility for, and coordinate with the Ministry of Finance, concerned ministries and branches and localities in, setting criteria and quotas for development investment fund allocations; to supervise and evaluate the efficiency of the use of state development investment capital, especially development investment capital from the state budget;

d/ To act as the standing member of the State Evaluation Council for National Important Investment Projects; to evaluate national target programs, target programs and other projects as assigned by the Prime Minister; to verify other investment projects under the investment law.

8. Regarding domestic and foreign investment and Vietnams overseas investment:

a/ To act as the key agency in assisting the Government in managing activities of domestic investment, foreign direct investment in Vietnam and Vietnams offshore investment; to organize investment promotion activities and provide guidance on investment procedures;

b/ To register, or verify and grant certificates of, offshore investment and assume the prime responsibility for verifying and granting investment certificates to BOT (build-operate-transfer), BTO (build-transfer-operate) and BT (build-transfer) investment projects;

c/ To assume the prime responsibility for, and coordinate with concerned ministries and branches in, guiding, monitoring, inspecting and examining investment activities and proposing solutions to problems arising in the formulation and implementation of investment projects; to evaluate results and socio-economic efficiency of domestic and foreign investment activities; to examine, supervise and conduct overall evaluation of pubic investment activities. To report on the implementation of target programs and investment projects under the Prime Minister's investment decisions; to act as the key agency in organizing meetings at home and abroad between the Prime Minister and investors.

9. Regarding ODA management:

a/ To act as the key agency in attracting, coordinating and performing the state management of ODA; to assume the prime responsibility for formulating strategies, policies and orientations for ODA attraction and use; to guide managing agencies in making lists of programs and projects prioritized for ODA; to synthesize lists of programs and projects calling for ODA;

b/ To assume the prime responsibility for making content preparations and organizing the raising and coordination of, ODA sources in line with strategies and orientations for ODA attraction and use; to propose the conclusion of framework and specific treaties on non-refundable ODA according to law; to assist ministries, branches and localities in preparing contents and monitoring negotiations with donors on specific treaties on ODA;

c/ To guide concerned units and organizations in preparing ODA-funded programs and projects; to assume the prime responsibility for, and coordinate with the Ministry of Finance in, determining domestic financial mechanisms for the use of ODA funds which are allocated from or sub-lent by the state budget;

d/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, reviewing and elaborating ODA fund disbursement plans, formulating annual plans on contributed domestic capital and settling urgent requests related to ODA-funded programs and projects entitled to state budget allocations;

e/ To monitor, examine and evaluate ODA-funded programs and projects according to law; to act as the key agency in handling inter-ministerial or -branch matters according to its competence or proposing them to the Prime Minister for handling; to sum up and make periodical reports on the situation and efficiency of ODA attraction and use.

10. Regarding bidding management:

a/ To evaluate bidding plans and results of contractor selection for projects falling under the Prime Ministers deciding competence under the bidding law; to coordinate with concerned ministries and branches in monitoring the organization of bidding for projects approved by the Prime Minister;

b/ To guide, inspect, examine, supervise and synthesize the implementation of the bidding law; to organize the bidding information network under the current decentralization mechanism.

11. Regarding management of economic zones:

a/ To formulate, and examine the implementation of, master plans and plans on development of economic zones nationwide;

b/ To organize the evaluation of master plans on economic zones and the establishment of economic zones; to coordinate with concerned ministries and branches and provincial-level People's Committees in guiding the implementation of master plans and plans on development of economic zones after they are approved;

c/ To act as the key agency in guiding, examining, reviewing and reporting on the situation of development investment and operation of economic zones; to assume the prime responsibility for, and coordinate with concerned agencies in, proposing models and management mechanisms for economic zones.

12. Regarding establishment and development of enterprises:

a/ To assume the prime responsibility for, and coordinate with concerned ministries and branches in, formulating strategies, programs and plans to reorganize, renew and develop state enterprises; management mechanisms and support policies for the reorganization of state enterprises and development of small- and medium-sized enterprises of various economic sectors;

b/ To join ministries, branches and provincial- level Peoples Committees in evaluating schemes on establishment, organization and re-structuring of state enterprises; to synthesize the reorganization, renewal and development of state enterprises and the development of enterprises of other economic sectors nationwide;

c/ To assist the Government in performing the unified state management of business registration; to provide guidance on business registration procedures; to examine, monitor and synthesize the situation of business registration by, and post- registration in, enterprises nationwide.

13. Regarding collective economy and cooperatives:

a/ To elaborate development strategies, programs and plans on collective economy and cooperatives; to organize, guide, examine, urge and synthesize the implementation of development programs and plans on collective economy and cooperatives;

b/ To formulate management mechanisms and support policies for the development of collective economy and cooperatives.

14. Regarding statistics:

a/ To assist the Government in performing the unified state management of statistics; to perform the unified management of the publicization and supply of statistical information and annual statistical directories according to law;

b/ To prescribe the competence to promulgate statistical classification tables (except those of courts and procuracies) according to law;

c/ To establish the national statistical indicator system, grassroots-level statistical reporting mechanism, general statistical reporting mechanism, long-term and annual national statistical survey programs and statistical surveys according to law.

15. To represent the owner of state capital portions in state invested enterprises in branches and domains under its management, covering:

a/ Formulating schemes on reorganization and ownership transformation of state enterprises, submitting them to the Prime Minister for approval and directing their implementation after they are approved;

b/ Proposing the Prime Minister to appoint and relieve from office, or appointing and relieving from office according to its competence, leaders, managers and chief accountants of state enterprises;

c/ Approving according to its competence, or submitting to the Prime Minister for approval, organization and operation charters of state invested enterprises in branches and domains under its management.

16. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances to the domains under its management;

17. To enter into international cooperation in the domains under its management according to law.

18. To perform the state management of public services in the domains under its management according to law; to manage and direct the operation of non-business organizations under its management;

19. To perform the state management of the operation of associations and non-governmental organizations in the domains under its management according to law.

20. To inspect, examine, and settle complaints and denunciations, to prevent and combat corruption and negative practices and handle violations of law in the domains under its management according to law.

21. To decide on, and direct the implementation of, its administrative reform program in line with the objectives and contents of the State's administrative reform program after it is approved by the Prime Minister.

22. To manage its organizational apparatus and payroll; to implement the wage regime and policies and regimes on entitlement for and commendation and disciplining of cadres, public employees and servants under its management according to law; to provide professional training and retraining for cadres, public employees and servants in the domains under its management.

23. To manage finance and assets assigned to the Ministry and disburse state budget funds allocated to the Ministry according to law.

24. To perform other tasks and exercise other powers as prescribed by law or as assigned by the Government or the Prime Minister.

Article 3.

- Organizational structure

1. The Department of National Economic Issues.

2. The Department of Local and Regional Economy.

3. The Financial and Monetary Department.

4. The Department of Industrial Economy.

5. The Department of Agricultural Economy.

6. The Department of Service Economy.

7. The Department of Infrastructure and Urban Centers;

8. The Department of Management of Economic Zones.

9. The Department of Investment Supervision and Appraisal;

10. The Foreign Economic Relations Department.

11. The Department of Labor, Culture and Social Affairs.

12. The Department of Science, Education, natural Resources and Environment;

13. The Planning Management Department.

14. The Department of National Defense and Security.

15. The Cooperatives Department

16. The Department of Legislation.

17. The Organization and Personnel Department.

18. The Emulation and Commendation Department.

19. The Inspectorate.

20. The Office.

21. The Bidding Management Department.

22. The Agency of Enterprise Development.

23. The Foreign Investment Agency.

24. The General Statistics Office.

25. The Institute of Development Strategy.

26. The Central Institute of Economic Management.

27. The NationalCenter for Socio-Economic Information and Forecast.

28. The InformaticsCenter.

29. The Vietnam Investment Review.

30. The Economics and Forecast Review.

31. The Policy and DevelopmentAcademy.

The Organizations defined in Clauses 1 thru 24 of this Article are administrative organizations assisting the Minister in performing the state management function, the organizations defined in Clauses 25 thru 31 are state non-business organizations operating to serve state management work.

The Office, the Inspectorate, the Foreign Relations Department, the Department of National Economic Issues, the Department of Local and Regional economy and the Planning Management Department may organize sections.

The Minister of Planning and Investment shall submit to the Prime Minister for promulgation decisions defining the functions, tasks, powers and organizational structures of the general Statistics Office, the Development Strategy Institute, the Central Institute of Economic Management and the National Center for Socio-Economic Information and Forecast, and decide to promulgate a list of other existing non-business organizations attached to the Ministry.

Article 4.

- Implementation effect

1. This Decree takes effect 15 days after its publication "CONG BAO" and replaces the Government's Decree No. 61/2003/ND-CP dated June 6, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment.

2. To annul all previous provisions which are contrary to this Decree.

3. The Governments Decree No. 93/2007ND-CP dated June 4, 2007, defining the functions, tasks, powers and organizational structure of the General Statistics Office under the Ministry of Planning and Investment ceases to be effective after the Prime Ministers decision defining the functions, tasks, powers and organizational structure of the General Statistics Office under the Ministry of Planning and Investment is promulgated and takes effect.

Article 5.

- Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People's Committees shall implement this Decree.